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AF | BCMR | CY2005 | BC-2004-01220
Original file (BC-2004-01220.DOC) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-01220
            INDEX CODE:  108.02

            COUNSEL:  NONE

            HEARING DESIRED:  YES


MANDATORY CASE COMPLETION DATE:  16 OCTOBER 2006

_________________________________________________________________

APPLICANT REQUESTS THAT:

His disability discharge be changed to disability retirement,  with  a
100% compensable disability rating.
_________________________________________________________________

APPLICANT CONTENDS THAT:

He sustained an injury to his back while in the line of duty which was
determined to be non-operable/high risk.  This injury prevents  active
duty  service  and  has  rendered  him  not  practically   employable;
therefore, retirement is the only just outcome.

In support of his request, the applicant submits a personal statement,
statements from medical specialists, a CD-ROM of his military  medical
records, copies of his line of duty determination,  medical  narrative
summaries for Medical Evaluation Board (MEB) and additional  documents
associated with the issues cited in his contentions.  The  applicant’s
complete submission, with attachments, is at Exhibit A.
_________________________________________________________________

STATEMENT OF FACTS:

On 14 May 1993, the  applicant  was  appointed  a  second  lieutenant,
Reserve of the Air Force, and  was  voluntarily  ordered  to  extended
active duty on 28 October 1993.  He was progressively promoted to  the
grade of captain, effective and with a date of rank of 6 August 1997.

A Medical Evaluation Board (MEB) was convened  on  9  March  2001  and
their diagnosis and findings were: continuous lower back pain, with  1
July 2000 as the approximate date  of  origin.   The  MEB  recommended
referral to the Informal Physical Evaluation Board (IPEB).

On 23  March  2001,  an  Informal  Physical  Evaluation  Board  (IPEB)
convened  and  established  a  diagnosis  of  chronic  low  back  pain
associated with L4-L5 and L-5-S1 disc bulge with disc desiccation, not
currently  amenable  to  surgical  correction.   The  IPEB  found  the
applicant  unfit  because  of  physical  disability  and   recommended
discharge with severance pay with a compensable rating of 20  percent.
On 6 April  2001,  the  applicant  disagreed  with  the  findings  and
recommended disposition of the IPEB and  demanded  a  formal  hearing.
Instead of a formal board, due to worsening condition,  the  applicant
underwent a special review on 19 June 2001 and the  results  were  the
same as the IPEB.  On 22 June 2001,  the  applicant  agreed  with  the
findings and recommended disposition of the IPEB and waived his  right
to a Formal PEB (FPEB).

The applicant was honorably discharged on  7  August  2001  under  the
provisions of AFI 36-3207 (disability with  severance  pay).   He  had
completed a total of seven years, nine months and  ten  days  and  was
serving in the grade of captain, Reserve of the Air Force, at the time
of discharge.

The records of the Department of Veterans Affairs  (DVA)  reflect  the
applicant’s current  combined  compensable  disability  rating  as  60
percent.

The remaining relevant facts pertaining to this application, extracted
from the applicant’s military records, are  contained  in  the  letter
prepared by the appropriate office of the Air Force at Exhibit C.
_________________________________________________________________

AIR FORCE EVALUATION:

The BCMR Medical Consultant summarized the  information  contained  in
the applicant’s personnel  and  medical  records  and,  based  on  the
preponderance  of  the  evidence,  concurs  with  the   findings   and
recommendation of the Informal Physical Evaluation Board  (IPEB).   He
states that action  and  disposition  in  this  case  are  proper  and
equitable  reflecting  compliance  with  Air  Force  directives   that
implement the law.  The BCMR Medical Consultant is of the opinion that
no change in the applicant’s record  is  warranted.   Details  of  his
evaluation are at Exhibit C.
_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to  applicant  on  25
May 2005 for review and response.  As of this date,  no  response  has
been received by this office (Exhibit D).
_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by existing  law
or regulations.

2.  The application was timely filed.

3.  Insufficient relevant evidence has been presented  to  demonstrate
the  existence  of  error  or  injustice.   We  took  notice  of   the
applicant's complete submission in judging the  merits  of  the  case.
However, we agree with the opinion and recommendation  of  the  AFBCMR
Medical Consultant and adopt the rationale expressed as the basis  for
our decision that the applicant has failed to sustain his burden  that
he has suffered either an error or an injustice.  In view of the above
and absent evidence to the contrary, we find  no  basis  to  recommend
granting the relief sought in this application.
_________________________________________________________________

THE BOARD DETERMINES THAT:

The  applicant  be  notified  that  the  evidence  presented  did  not
demonstrate the existence of material error  or  injustice;  that  the
application was denied without a personal  appearance;  and  that  the
application will only be reconsidered upon  the  submission  of  newly
discovered relevant evidence not considered with this application.
_________________________________________________________________

The following members of the Board considered Docket  Number  BC-2004-
01220 in Executive Session on 30 June 2005, under  the  provisions  of
AFI 36-2603:

                  Mr. Laurence M. Groner, Panel Chair
                  Ms. Kathy L. Boockholdt, Member
                  Mr. Terry L. Scott, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 10 Apr 04, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, BCMR Medical Consultant, dated 19 May 05.
   Exhibit D.  Letter, SAF/MRBR, dated 25 May 05.




                                   LAURENCE M. GRONER
                                   Panel Chair

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